DGAA bLAWg

Employers Offering "Comp" Time Instead of Overtime

Web Admin - Tuesday, March 11, 2014

illinois overtime employee lawyerMany employees are owed overtime by their employers under the Fair Labor Standards Act (FLSA) once they work more than 40 hours in a week. Illinois also has a separate wage and hour law that comes into effect at the same 40-hour mark. While many employers dutifully obey these laws and pay the qualifying employees time-and-a-half during overtime, sometimes, either intentionally or by mistake, employers subvert these laws. One of the most common ways that employers attempt to get around paying overtime is through the use of compensatory or "comp" time instead of overtime.

This practice involves employers allowing a worker to take paid hours off in the future based on the amount of overtime hours worked. Most commonly these hours off will be either equal to the amount of overtime, or an hour and a half off for each hour of overtime.

Who Is Entitled to Overtime?

The first step in determining whether an employer is violating wage and hour laws related to overtime is to find out if the law mandates overtime for the employee in question. The first place to look is in the FLSA, which governs overtime requirements on a federal level. The FLSA qualifies all hourly employees for overtime pay, unless they fall into a list of exemptions. The Department of Labor provides a full list of exempt employees. Some of the most commonly applicable exemptions are:

  • - Sales employees working on commission;
  • - Computer professionals making at least $23.67 an hour;
  • - Drivers, loaders, and mechanics employed by motor carriers;
  • - Salesmen, partsmen, and mechanics who work for automobile dealerships; and
  • - Executive, administrative, and professional employees who are paid on a salaried basis.

Illinois’ wage and hour law also contains a list of exemptions, though these largely overlap with the FLSA’s list. For an employee to be exempt from overtime requirements, their occupation would need to be exempted from both the FLSA and the Illinois overtime law.

Is Comp Time Legal?

If a private sector employee falls under the ambit of overtime laws, then paying them with compensatory time instead of an overtime rate violates overtime laws. The purpose of those laws is to provide employees a premium for working overtime, which comp time circumvents. Importantly, this rationale does not apply to all rearrangements of schedules. The overtime laws focus on a weekly time scale, meaning that working more than eight hours in a day does not qualify a person for overtime, and an employer is allowed to shift time within the week to keep an employee below the 40 hour threshold. It is only the banking of paid time off in lieu of an overtime premium that violates the law.

If you believe you have been the victim of an overtime violation like comp time, reach out to a Barrington employment lawyer today. Our team handles cases in many northwest suburbs, including Schaumburg, Rolling Meadows, and Palatine.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Recent Posts


Tags

Barrington personal injury attorney personal injury accidents products liability Illinois personal injury lawyers speeding Colin Gilbert breach of contract operating agreements license Schaumburg drug defense lawyer traffic accidents TBI employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Illinois medical malpractice claim hiring employees pedestrian injuries, pedestrian fatality Rolling Meadows marijuana attorney reckless homicide real estate leasing Barrington criminal defense lawyer Jay Andrew Detainer Actions Forcible Entry manufacturing startup company consent to a search wage theft subcontractor Inverness personal injury attorney Palatine civil litigation lawyer medication errors Illinois real estate Rolling Meadows insurance dispute lawyers mortgage Illinois employment lawyer Illinois pet lawyer trench injuries Fair Labor Standards Act traffic crimes real estate attorneys Des Plaines drug crimes lawyer Kenilworth estate planning attorneys Rolling Meadows criminal attorney Palatine drug lawyer IRELA Crystal Lake will lawyer Illinois job attorney distracted driving accidents Illinois criminal defense attorney probate fees homestead rights Illinois insurance claim dispute lawyer Des Plaines real estate lawyer capital gains tax Illinois elder law probate lawyer BUI landlord probate claims privacy laws investment property Barrington employment attorney modern family estate planning Illinois traffic attorney Palatine Attorney Deer Park criminal attorney Crystal Lake personal injury lawyer low-ball insurance settlement Schaumburg Des Plaines personal injury lawyers Employment Discrimination Law natural gas boating accidents CAM traffic tickets Chicago employment attorney right to work Chicago biking tips pregnant women Schaumburg car accident attorney license suspension traffic deaths residential real estate real estate lawyer Chicago car accident lawyer car accidents civil rights violation estate planning trusts Palatine employment lawyer Crystal Lake civil litigation lawyer Arlington Heights trucking lawyer auto accidents Illinois business lawyer natural gas explosion privacy dealing with problem employees Crystal Lake medical malpractice attorneys Buffalo Grove real estate attorney icy parking lots Deer Park motorcycle accident lawyer Rolling Meadows insurance attorney Illinois will lawyer trustee preventing accidents corporate law Arlington Heights accident attorney paid sick leave Illinois car accident attorney filing a medical malpractice claim car crash rollover car crashes Inverness elder law lawyer financial advisors Des Plaines personal injury lawyer Illinois injury lawyer Crystal Lake law firm denied insurance claim Rolling Meadows business lawyer Schaumburg corporate attorney insurance agents PTSD internet probate process Palatine estate planning lawyer civil litigation attorney Arlington Heights real estate lawyer POA Kenilworth estate planning attorney Illinois probate lawyer Arlington Heights TBI attorney insurance claim dispute installment contracts Mount Prospect elder law attorney Illinois elder law attorney Illinois civil litigation lawyer Barrington attorney insurance agent negligence Chicago trucking accident attorney pet bites drug crime Barrington boating accident attorney DUI penalities accidental death benefits product liability jet ski mass shooting LLCs Crystal lake insurance dispute attorney Buffalo Grove injury lawyer car accident lawyer truck collisions crossover accidents Illinois workers compensation attorney trucking accident lawyers traffic violations estate planning attorney Rolling Meadows personal injury lawyer commercial leasing Rolling Meadows employment law attorney Illinois traffic ticket lawyer Illinois Sales Representative Act creditors Chicago estate planning Schaumburg medical malpractice lawyer drugs clemency Arlington Heights personal injury attorney job lawyers motorcycle accident lawyer Schaumburg construction accident lawyer personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Barrington real estate lawyer pain and suffering Exclusions foreclosed rental property underage DUI Illinois workplace lawyer Illinois speeding lawyer whistleblower protections Affordable Care Act Mt Prospect Attorney Inverness injury lawyer Crystal Lake pedestrian accident lawyer DGAA license reinstatement independent contractor Schaumburg estate planning attorney dog bites swimming pools Buffalo Grove employment lawyer Illinois defective products attorney foreclosure Illinois employment law firm Rolling Meadows traffic attorney Des Plaines real estate attorney South Barrington real estate lawyer Palatine criminal defense lawyer Arlington Heights personal injury lawyer new real estate form attorney fees Schaumburg employment law attorneys Barrington estate planning lawyer Illinois corporate lawyer brain injury Buffalo Grove medical malpractice lawyers Barrington estate planning attorney condo association living trust vs will criminal record Colin H. Gilbert appealing an insurance claim car accident car accident lawyers Schaumburg insurance lawyers Illinois real estate lawyer Buffalo Grove car accident lawyer institutional trustee Arlington Heights car accident lawyer owner responsibility driving expungement home inspection lawyer estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Chicago will attorney, social media platforms, Illinois estate planning lawyer, power of attorney Schaumburg Attorney DUI federal crimes estate attorney digital information BAIID insurance dispute Rolling Meadows DUI lawyer Rolling Meadows real estate attorney workers compensation benefits texting while driving Palatine punch death Illinois motorcycle accident lawyer slip and fall accidents Arlington Heights wills and trusts lawyer boating under the influence anesthesia errors Illinois estate planning attorney Rolling Meadows employment law attorneys bicycle dooring accidents fiduciary rule probate Crystal Lake traffic lawyer Des Plaines Traffic Lawyer Palatine corporate attorney premises liability Illinois traffic laws bike accident drug crimes lawyer dram shop law Joliet general practice lawyers Barrington workers compensation attorney Barrington Traffic Lawyer Illinois boating accident lawyer Des Plaines criminal attorney denial of life insurance bicycle accidents Crystal Lake personal injury attorney Arlington Heights car crash attorneys spinal cord injury insurance claim denials estate planning for college students living trust bad faith insurance claims health insurance dispute Buffalo Grove insurance claim dispute lawyers Transfer on Death Instrument Rolling Meadows boating crash lawyer traffic offenses underfunded trust estate tax pedestrian accident real estate closing slip and fall condo Des Plaines drug lawyer Deer Park DUI lawyer Mount Prospect wills and trusts lawyers Palatine construction attorney Illinois personal injury School Visitation Rights Act Barrington Illinois estate planning lawyer Schaumburg civil litigation attorney Illinois jet ski accident lawyer DUI attorney insurance claim Inverness estate planning lawyer Illinois mortgages Arlington Heights Traffic Lawyer Rolling Meadows employment attorney tax attorney golf accidents Rolling Meadows litigation lawyer blood alcohol content Home Remodeling Repair Act Barrington civil litigation attorney GM ignition switches Deer Park personal injury lawyer Arlington Heights lawyer Palatine elder law attorney workplace sexual harassment Rolling Meadows Attorney insurance adjusters Palatine law firm Deer Park medical malpractice attorney trauma after an accident meal breaks sexual harassment Illinois employment law attorneys Palatine traffic lawyer Illinois living will insurance disputes digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers fiduciary rule delay pet law Buffalo Grove personal injury lawyer construction contracts denied insurance claims elder abuse Illinois construction accident attorney Deer Park traffic lawyer Arlington Heights employment attorney Arlington Heights pedestrian accidents personal injury law firm Illinois pedestrian accident attorney Illinois trucking safety drunk driving suspended license back injuries business litigation motorcycle accident Palatine personal injury lawyer Illinois Workers’ Compensation Commission deadly crashes Crystal Lake accident attorney Buffalo Grove personal injury attorney Illinois Human Rights Act Illinois business law atorneys defective products liability claims probate claims process traffic laws cell phone Illinois insurance claims lawyers pizza emoji liens Des Plaines motorcycle accident attorney BAC college kids Barrington employment law attorney Barrington business law firm Do Not Resuscitate automated cars Arlington Heights traffic attorney medical malpractice Arlington Heights Attorney head on collisions wrongful termination income distribution deducation Illinois Trust Code employment law license revocation Inverness civil lawyer Schaumburg wrongful death attorney Self-Directed IRA Accounts traumatic brain injuries fault based insurance employee discrimination loopholes Schaumburg real estate lawyer unauthorized overtime Chicago lawyer small business Barrington medical malpractice lawyers Schaumburg injury lawyer Rolling Meadows drug defense attorney Palatine probate lawyer medical marijuana changes to mortgage law Chicago traffic lawyer defective products lawyer rent to own real estate contracts revenge porn drunk driving statistics holiday statistics Buffalo Grove criminal defense lawyer Chicago corporate attorney real estate zoning Rolling Meadows estate planning attorney Des Plaines DUI attorney Long Grove real estate attorney blended families IRA trust transfer involuntary manslaughter Illinois insurance dispute lawyers Arlington Heights tax lawyer Illinois insurance claim dispute lawyers Retaliatory Discharge Illinois collections attorney trust payments traumatic brain injury Illinois insurance disputes Illinois personal injury attorney Schaumburg elder law lawyer wills and trusts Arlington Heights injury attorney Schaumburg estate attorney Palatine corporate law attorneys Rolling Meadows personal injury attorney spinal cord injuries wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Illinois estate planning law firm vacation home fines Crystal Lake insurance lawyer unfunded trust Inverness traffic law firm ken apicella life insurance policy murder charges Home Sale Contingencies unpaid assessment real estate contract insurance denials Illinois Transfer on Death Instrument sole proprietorship forming a corporation in Illinois insurance negligence Chicago will attorney Palatine injury attorney advance healthcare directive problem employees living wills vacation home coronavirus Arlington Heights employment law attorneys senior citizens nursing home negligence Riverwoods estate planning lawyer Rolling Meadows insurance dispute lawyers, insurance dispute Rolling Meadows medical malpractice lawyers Des Plaines collections attorney Illinois registered agent Illinois Wage Payment and Collection Act Palatine workers compensation lawyer personal injury claim Chicago insurance claim attorneys employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Deer Park employment law attorney Inverness corporate attorney ACA Illinois red light cameras pay when paid contract Whistleblower Claims Barrington criminal lawyer Illinois insurance attorney surgical mistakes Inverness real estate attorney Chicago insurance law firm comp time medical malpractice claims Illinois trusts attorney rest breaks drug possession overtime violations DMV Crystal Lake pet attorney Schaumburg employment attorney Long Grove real estate lawyer Illinois driving without license Crystal Lake traffic attorney personal injury claims marijuana crimes attorney Buffalo Grove law firm Buffalo Grove probate lawyer Illinois workplace discrimination attorney estate planning commercial leases gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Illinois bicycle safety Deer Park workers compensation lawyer disability benefits Schaumburg personal injury lawyer criminal law Illinois estate planning Illinois wrongful termination lawyer Chicago employment lawyer Illinois home inspection insurance claim dispute attorney car crashes Class A misdemeanor Illinois attorney traffic violations defense eluding a police officer Crystal Lake medical malpractice law firm jet ski accidents insurance dispute attorney estate planning lawyer personal injury Crystal Lake employment lawyer marijuana Illinois employment attorneys life insurance claims Attorney Ken Apicella Illinois tax attorney Crystal Lake medical malpractice lawyer Arlington Heights medical malpractice lawyer South Barrington real estate attorney Arlington Heights wills and trusts attorney wills breathalyzer test Des Plaines accident attorney preventable medical errors trucking accidents workers comp hit and run accident Schaumburg criminal attorney Crystal Lake business law attorneys Des Plaines personal injury attorney Des Plaines civil attorney Rolling Meadows tax attorney Rolling Meadows criminal lawyer Illinois medical malpractice lawyers Schaumburg personal injury lawyers Fourth of July Crystal Lake employment law attorney murder defense no contest clauses Rolling Meadows personal injury lawyers compensatory time medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Illinois employee rights attorney. Palatine civil attorney IRA benefits Rolling Meadows insurance lawyer Buffalo Grove traffic attorney insurance claims insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Chicago estate planning lawyer healthcare claims insurance claim denial rollover accidents Food and Drug Administration's Food Safety Modernization Act Arlington Heights criminal lawyer FMLA Buffalo Grove corporate attorney drug crimes Illinois LLC creation Federal Food Drug and Cosmetic Act Buffalo Grove traffic lawyers caretaker rights Rolling Meadows employee rights criminal defense llinois Real Estate Lawyers Association Kenilworth estate planning lawyer Illinois Probate Act of 1975 Deer Park traffic accident attorney pedestrian-automobile accident Illinois employment law texting and driving Crystal Lake injury attorney rumble strips IRS caregiver estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Illinois personal injury lawyer DNR insurance denial appeals guardianship attorney Barrington injury attorney federal regulations for LLCs boating DUI overtime pay murder unpaid overtime Illinois workers compensation lawyer insurance attorney Illinois wills and trusts attorneys car crash injuries landlord tenant law Super Mario Schaumburg traffic lawyer medical malpractice compensation in terrorem provision personal injury attorney Deer Park accident attorney Des Plaines injury law firm commercial real estate Barrington drug crime attorney FSLA Crystal Lake tax lawyer Long Grove estate planning attorney irrevocable trust taxes loss of consortium severance agreements Chicago attorney civil litigation Illinois medical malpractice case Arlington Heights insurance attorney real estate attorney Schaumburg personal injury attorney Schaumburg estate planning lawyer Rolling Meadows probate lawyer criminal Barrington litigation attorney Des Plaines employment attorney Long Grove estate planning dynasty trusts gift taxes wrongful death sexual images employment law, Illinois employment laws Illinois lawyer Crystal Lake estate planning lawyer Des Plaines claims law firm Schaumburg probate attorney Rolling Meadows accident lawyer Palatine trusts lawyer Thanksgiving Illinois traffic accident lawyer Des Plaines medical malpractice attorney Rolling Meadows corporate lawyer controlled substance Arlington Heights estate planning attorney Arlington Heights wills and trusts lawyers Des Plaines insurance attorney fatal car accidents Family Medical Leave Act Illinois employment laws Crystal Lake employment attorney personal injury lawyer Rolling Meadows car accident lawyers Crystal Lake car accident attorney social media after death Des Plaines pet law attorney distracted driving accident victims power of attorney for healthcare living trust benefits underinsured motorist Inverness accident lawyer Landlord Tenant Ordinance hands free device cell phone accidents Inverness real estate lawyer Crystal Lake bike accident lawyer liability employment lawyer Crystal Lake car accident lawyer construction accidents digital evidence Arlington Heights wills and trusts attorneys Barrington personal injury lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Illinois DUI attorney Des Plaines tax law firm Barrington employment law firm Illinois medical malpractice attorney minimum wage Liquor Control Act Illinois law Illinois small business digital assets first degree murder Palatine traffic accidents field sobriety test real estate Inverness insurance attorney work unions Palatine insurance lawyer healthcare comparative negligence medical research Palatine employment attorney employment contract Illinois employment law attorney food poisoning estate plan Illinois rollover accident lawyers Illinois wills and trusts Rolling Meadows traffic law firm Rolling Meadows Traffic Lawyer ObamaCare Illinois insurance lawyer life insurance special needs trust pedestrian accidents Illinois insurance claim attorney Policy Cancellation employee misclassification trusts deed transfer uninsured motorist Illinois traffic attorneys car collision Legal Info Illinois Smoke Detector Act agent Palatine employment law lawyer child safety Inverness DUI lawyer insurance claim delay Palatine real estate lawyer Schaumburg criminal law attorney Palatine business attorney Long Grove estate planning attorneys Crystal Lake criminal defense attorney cell phone tower data workers compensation employees contracts Deer Park real estate law firm DUI defense life insurance lawyer Long Grove wills and trusts attorneys Mount Prospect real estate lawyer Inverness probate lawyer

Archive